No building shall be erected, moved, altered,
rebuilt or enlarged, nor shall any land or building be used, designed
or arranged to be used, for any purpose or any manner, except in conformity
with all regulations, requirements and restrictions specified in this
chapter for the district in which such building or land is located.

Where this chapter requires a greater width
or size of yards or other open spaces or a lower height of building
or a fewer number of stories or a greater percentage of lot area to
be left unoccupied, or otherwise imposes greater restrictions than
required by any other statute, bylaw, ordinance or regulation, the
provisions of this chapter shall govern. Where the provisions of any
other statute, bylaw, ordinance or regulation require a greater width
or size of yards or other open spaces or a lower height of building
or a fewer number of stories or a greater percentage of lot area to
be left unoccupied, or otherwise impose greater restrictions than
are required by this chapter, the provisions of such statute, bylaw,
ordinance or regulation shall govern.

Continuing existing nonconforming uses. Except as provided in § 223-10H herein, any lawful use of a structure or of land existing on the effective date of this chapter may be continued even though such use does not conform to the use provisions of this chapter. Such uses shall be deemed nonconforming uses.

If such nonconforming use of land, or any portion
thereof, ceases for any reason whatsoever for a continuous period
of more than six months, or is changed to a conforming use, any future
use of such land shall be in conformity with all provisions of this
chapter.

Such nonconforming building shall not be structurally altered during its life to an extent greater than 25% of its fair market value, as determined by the City Tax Assessor, unless such alterations are required by law or by the provisions of Subsection H herein; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

If any nonconforming use of a building ceases for
any reason for a continuous period of more than one year or is changed
to a conforming use or if the building in or on which such use is
conducted or maintained is moved for any distance whatever for any
reason, then any future use of such building shall be in conformity
with the standards specified by this chapter for the district in which
such building is located.

If any building in which any nonconforming use is
conducted or maintained is hereafter removed, the subsequent use of
any land on which such building was located, and the subsequent use
of any building thereon, shall be in conformity with the standards
specified by this chapter for the district in which such land or building
is located.

Restoration of damaged buildings. If any nonconforming
building shall be destroyed by any means to an extent of more than
50%, no repairs or reconstruction shall be made unless every portion
of such building is made to conform to all the regulations of this
chapter for the district in which it is located. Where the destruction
of such nonconforming building is less than 50%, it may be restored
and the nonconforming use continued, provided that the total cost
of such restoration does not exceed the replacement value of the destroyed
portion of the building at the time of its destruction and further
provided that such restoration is started within a period of six months
of such destruction and is diligently prosecuted to completion. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition of any wall declared unsafe by the Building Inspector.

Nonconformity other than use. A building that is conforming in use but does not conform to the height, yard, lot area, lot dimension, land coverage, off-street parking, loading, minimum house size or similar dimensional requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsections C, F and H. No permit shall be issued that will result in the increase of any such nonconformities, except that each side yard of the aforementioned lots may be reduced by one inch for every foot that such lot is less than the minimum width required by this chapter.

Registration of nonconforming uses. During the first
three complete calendar months following the effective date of this
chapter or of any amendment thereto, the owner or owners of property
on which there is a nonconforming use of land or buildings (within
the definition of this chapter or which may be made so by an amendment
thereto) shall register such nonconforming use by filing, with the
Board of Appeals, a statement of such nonconforming use. The acceptance
of such statements shall not constitute an authorization to operate
an unlawful use. The filing of a false registration statement shall
constitute a violation of this chapter. If the owner of a nonconforming
use shall not so register it, such use shall be presumed to have been
discontinued unless the owner submits proof that the use existed legally
prior to the effective date of the regulation that made it nonconforming.
Annually, the Board of Appeals may send a questionnaire to the persons
who have registered a nonconforming use, inquiring as to the status
of such use. Such questionnaire shall be sent by certified mail, return
receipt requested, to the last addresses available from the filed
registration statements. If such questionnaire is not returned within
90 days, the Board of Appeals shall so record this fact and send a
notice to the last address of the owner, to the effect that the nonconforming
use is presumed to have been abandoned or discontinued unless the
owner establishes, to the satisfaction of the Board of Appeals, proof
that the use has continued.

Nonconforming signs. Regardless of any other provisions
of this chapter, every sign which, after the adoption of this chapter,
may exist as a nonconforming use in any district shall be discontinued
and removed or changed to conform to the standards of said district
within a period of 120 days from the date of the adoption of this
chapter.

Legislative intent. The Central Business (CB) and
General Business (GB) Districts along Main Street have traditionally
been and will continue in the future to essentially be retail/service
in nature. In order for the Main Street business district to be healthy
and vital, it must compete successfully with other business districts.
One of the essential characteristics of a healthy downtown business
district is a high degree of continuity between adjacent retail and
service uses, so that consumers can conveniently walk from one storefront
to the next without frequently being interrupted by gaps between the
retail and service uses. These gaps are the result of uses which are
not open to the general public such as, in this case, residential
uses. Residences which are located at the front of the ground floor
of the buildings on Main Street are believed to be more injurious
to the health and vitality of this business district than residences
located at the rear of the ground floor of said buildings because
the shopping portion of the business district is primarily, but not
exclusively, at the front of said buildings. It is recognized, however,
that there are currently several vacant storefronts on Main Street.
The City Council has determined that the residential units affected
by this subsection should not be converted to retail space unless
the vacancy rate for such retail space has declined to an acceptable
level in the discretion of the City Council. As a result, the special
permit procedure outlined herein will specifically take into consideration
the vacancy rate on Main Street at the time this subsection is implemented.

Discontinuance. The following provisions pertain to
buildings located on Main Street in the Central Business and General
Business Zoning Districts: residential uses which are neither located
on the upper floors nor in the rear of the first floor of said buildings
shall be discontinued effective October 1, 2002. The City of Beacon
shall notify all affected property owners no later than October 1,
2001, that all residential units so situated in the Central Business
(CB) and General Business (GB) Zoning Districts must be converted
no later than October 1, 2002, pursuant to the terms of this subsection.

Special use permit. Any property owner affected by
this section shall be eligible to apply to the City Council for a
special use permit to continue said residential occupancy for a period
of two years. There shall be no further permits issued after the aforementioned
permit has expired. Such application must be made no later than April
1, 2002, in order to maintain eligibility for the special use permit.
The general provisions regarding the issuance of special use permits
set forth in this chapter shall also apply to this application. In
addition, the City Council shall take the vacancy rate for storefronts
on Main Street into consideration when determining whether to issue
such a permit.

Variance procedure. Any person or persons jointly
or severally aggrieved by the terms of this chapter shall have the
right to review a special permit determination by the City Council
by a public hearing before the Zoning Board of Appeals and by a proceeding
under Article 78 of the Civil Practice Law and Rules, which proceedings
must be commenced within 30 days of the filing of such determination
with the City Clerk.

Exemption. This local law shall not apply to the residence
located at 317 Main Street. This use as a single-family dwelling shall
be continued as a nonconforming use notwithstanding the remaining
provisions of this local law. However, the existing commercial portion
of these premises which front on Main Street, may not be converted
to a residential use.

General nuisances. Upon a complaint registered by
the Building Inspector or 50% of the property owners within 250 feet
of a nonconforming use which is considered to be a general nuisance
or hazard to the health, safety, welfare and morals of uses or structures
within 250 feet of such nonconforming use or uses, the Zoning Board
of Appeals shall hold a public hearing and make a finding with respect
to the nuisance or hazardous condition which exists and shall determine
the necessity of terminating such nonconforming use. Such uses shall
be terminated within such reasonable time as shall be determined by
the Zoning Board of Appeals as related to the reasonable amortization
of the capital investment in such uses.

Lot for every building. Every building hereafter erected
shall be located on a lot as herein defined, and, except as herein
provided, there shall be not more than one main building and its accessory
buildings on one lot, except for multifamily or nonresidential buildings
in districts where such uses are permitted.

Yard and open space for every building. No yard or
other open space provided about any building for the purpose of complying
with the provisions of these regulations shall be included as any
part of the yard or open space for any other building: no yard or
any other open space on one lot shall be considered as a yard or open
space for a building on any other lot.

Subdivision of a lot. Where a lot is formed hereafter
from the part of a lot already occupied by a building, such separation
shall be affected in such a manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless it complies with all the provisions of
this chapter.

Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
the requirements of the chapter shall be applied.

Oversize lots. A lot which does not conform to one
or more of the minimum dimensional requirements of this chapter for
the district in which it is located, but contains within its boundaries
the potential outlines for a lot which would conform to all of the
applicable requirements of this chapter, shall be deemed to be a conforming
lot within the meaning of this chapter.

Lots under water or within the one-hundred-year floodplain
("area of special flood hazard"). No more than 10% of the minimum
area requirement of a lot may be fulfilled by land which is under
water or within the one-hundred-year floodplain ("area of special
flood hazard"). All minimum front, side and rear yard requirements
must be satisfied by measurement on dry land.

Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a street, private road or highway, as defined herein, which frontage, except in the case of a common driveway, provides the actual access to such structure, and which street, private road or highway shall have been suitably improved to the satisfaction of the Planning Board or a performance bond posted therefor as provided in § 36 of the General City Law (Chapter 21 of the Consolidated Laws) of New York State.

Lot width required, Within any residence district,
no part of any dwelling or other structure housing a main use and,
within any business district, no part of any residence structure shall
be erected on that part of a lot where the lot width is less than
the minimum requirements for the district in which it is located.

New buildings on lots less than the minimum area.
A permit may be issued for the erection of a building on a lot for
which a valid conveyance has been recorded or contract of sale has
been signed and the conveyance recorded prior to the adoption of this
chapter, notwithstanding that the area or dimensions of such lot is
less than that required for the district in which such lot lies, provided
that all yard setbacks and other requirements which are in effect
at the time of the obtaining of the building permit are complied with
and provided that the owner of such lot does not own other lots contiguous
thereto. If this is the case, such other lots or so much thereof as
might be necessary shall be combined with the first named lot to make
a single conforming lot, or a lot that conforms to the fullest extent
possible, whereupon a permit may be issued, but only for such combined
lots.

Modification of lot requirements. For the purposes
set forth earlier in this chapter, and to promote the most appropriate
use of land, to preserve the natural and scenic qualities of open
lands, to promote natural resource preservation and conservation,
and to facilitate the adequate and economical construction of community
facilities and utilities, all directed towards the objective of fostering
and obtaining land development of good quality and design at reasonable
economic cost, the Planning Board is hereby authorized to review and
act upon all subdivisions in accordance with the following provisions.
In all cases, the Planning Board shall have the full power of subdivision
approval, approval with conditions or denial, as authorized by the
General City Law. These provisions may be utilized:

When applied for by the applicant of the land to be subdivided if, in the judgment and discretion of the Planning Board, their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above; or

Where the Planning Board determines that their application would benefit the City by satisfying one or more of the purposes set forth in Subsection J above and where the Planning Board determines that one or more of the criteria as set forth in subsections (a) through (d) below would be achieved. In this case the Planning Board shall seek authorization from the City Council, on a case-by-case basis, to require the applicant to submit an application which reflects such modifications of applicable provisions of this chapter.

The preservation of a unique or significant
natural feature of the site, including but not limited to a vegetative
feature, wildlife habitat, surface water supply, underground aquifer,
endangered species, rock formation, steep slope area, etc.

The protection of a unique or significant feature
of the man-made environment of the site, including but not limited
to a building, structure or artifact of architectural, historical
or archaeological value.

Average density subdivisions. Simultaneously
with the approval of a subdivision plat and pursuant to § 37
of the General City Law, the Planning Board may modify the zoning
regulations with respect to lot area and dimensions, provided that
the average size of all lots shown on the subdivision plat shall be
equal to or greater than the permitted minimum lot area in such district
and that there shall not be a greater average density of population
or cover of the land with buildings than is permitted in such district
and further provided that no lot shall have less than the minimum
lot area and dimensions required for lots in the next less restrictive
residential zoning district to the one in which the property is located.
For the purpose of this section, "average density" shall be determined
by the number of single-family residences which could be built under
the zoning district standards in full conformity with the City's Subdivision
Regulations[1] and all other applicable requirements. The basis for this
determination by the Planning Board shall be a conventional subdivision
sketch layout for the subject property.

Conservation subdivisions. Simultaneously with
the approval of a subdivision plat and pursuant to § 37
of the General City Law, the Planning Board may modify the zoning
regulations in R1 and RD Residence Districts with respect to layout,
configuration and design of lots, including minimum lot area, width,
depth and frontage, minimum front, side and rear yards, and other
similar requirements, buildings and structures, roads, utility lines
and other infrastructure, parks or landscaping, provided that:

The permitted number of dwelling units in no
case exceeds the number which could be permitted, in the Planning
Board's judgment, if the land were subdivided into lots conforming
to all the normally applicable requirements of this chapter,
the Land Subdivision Regulations,[2] the Dutchess County Department of Health regulations and
all other applicable standards. The basis for this determination by
the Planning Board shall be the conventional subdivision sketch layout
information as may be required by said Board.

In the event that some part of said subdivision
plat includes land to be devoted to park, recreation or open space,
the Planning Board, as a condition of plat approval, may establish
such conditions as shall be approved by the City Council.

In addition to compliance with any special standards, requirements and procedures as set forth in this Subsection J(3)(b), conservation developments shall also be subject to review and public hearing by the Planning Board in accordance with the same procedures as would otherwise be applicable to conventional subdivision plats. Upon the filing of the plat in the office of the County Clerk, a copy shall also be required to be filed with the City Clerk, who shall make the appropriate notations and references thereto on the official copy of the City Zoning Map.

Business entrances on residential streets extending
into districts. Where any street extends through a residential district
and into a business district, any block with frontage on said street,
which frontage is partly in the residential district and partly in
the business district, shall not be used for any business purpose
except as herein set forth. Any business structure erected in said
business district shall face and open upon a street which, for its
entire extent adjacent to said block, is within the business district,
except that show windows in such business structure may be built and
exposed upon another street within the area set aside as a part of
such business district. All other entrances to the business structures
must face on the street which for its entire extent adjacent to the
block is within the business district, except that entrances may be
made from the other street to the upper stories of such business structures,
a single entrance may be made at the corner of such other street and
any second means of egress required by law and access to the structure
from off-street parking facilities shall be permitted.

Transition between residential and nonresidential
districts. Where a lot in a commercial or industrial district abuts
a lot in a residential district, there shall be provided along such
abutting lines a yard equal in width or depth to that required in
the residential district.

Premature subdivision. No building permit shall be
issued for any construction, other than that required for the maintenance
of minimum health and safety standards, within the area of a subdivision
designated by the City Council as being premature, as defined herein,
until such time as a revised plat has been filed in the office of
the Dutchess County Clerk, nor shall any such building permit be issued
within a period of 60 days from the date a report on a premature subdivision
has been sent to the City Council by the City Planning Board.

Front of new dwellings. The front of any new one-family
dwelling shall face the front lot line. In the case of a lot fronting
on more than one street, the new dwelling shall face the street frontage
which will make it most consistent with the front of other dwellings
in the block in which it is located. For purposes of this section,
the front of the dwelling shall be as determined by the Building Inspector
based upon such factors as the location of the front door, the interior
floor plan and the exterior appearance of the building.

Terraces. A paved terrace shall not be considered
in the determination of lot coverage or yard requirements; provided,
however, that such terrace is without roof, awnings, screens, walls,
parapets or other forms of enclosure. Such terrace, however, may have
a guard railing, open wall or fence, but such terrace shall not project
into any yard to a point closer than five feet from any lot line.

Porches. No porch may project into any required yard.
Any two-story or any enclosed porch, or one having a roof and capable
of being enclosed, shall be considered a part of the building in determining
the yard requirements or amount of lot coverage.

Projecting horizontal architectural features. Architectural
features, such as windowsills, belt courses, chimneys, cornices, eaves
or bay windows, shall not project more than three feet into any required
yard. The sum of any bay window projections on any wall shall not
exceed 1/4 of the length of any said wall.

Projecting features above the roof level. The height
limitations of this chapter shall not apply to flagpoles, church spires,
belfries, cupolas and domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads or similar features,
radio and television antennas for the use of residents of dwellings
and apartments, necessary mechanical appurtenances usually carried
above the roof level, wireless telecommunication services facilities
and radio towers. Such a feature, however, shall be erected only to
a height necessary to accomplish the purpose it is intended to serve.
The total area covered by such features shall not exceed, in cross-sectional
area, 15% of the area of the roof on which they are located. Such
features as water tanks, cooling towers and bulkheads shall be enclosed
within walls. The material and design of such walls shall be in harmony
with the main walls of the building on which they are located.

The
yard requirements of this chapter shall not be deemed to prohibit
any necessary retaining wall nor to prohibit any fence or wall, provided
that the height of such fence or wall does not exceed four feet in
front yards, six feet in side yards and six feet in rear yards, except
that mesh garden or deer fencing shall not exceed eight feet in height.
Notwithstanding the four-foot height limitation for fences and walls
in front yards, the Planning Board shall have the discretion to approve
a fence or wall up to six feet in height in front yards in connection
with site plan approval where necessary for screening purposes.

The height of a fence shall be the vertical distance from natural or finished grade, as applicable, to the highest part of the fence section, except that the height of a fence on a retaining wall shall be measured from the top of the retaining wall to the highest part of the fence. Where the grade is uneven from the front of the fence to the back of the fence, the fence shall be measured from the side with the lowest natural or finished grade, as applicable. Where the grade along the line of the fence is uneven, the height of the fence may be measured from the base of the fence in eight-foot to ten-foot sections whereby one part of the base of each section shall be at grade and no point of the base of the fence shall be more than one foot above natural grade. For all fences and walls installed after the effective date of this amendment and for all existing fences and walls of which 50% or more is repaired or replaced after the effective date of this amendment, the finished side of the fence or wall shall face neighboring properties or the street, and such fence or wall shall comply with all requirements of § 223-13G.

No
fences and walls shall be permitted in locations where they will interfere
with adequate sight distance for vehicles exiting from a road or driveway
on the parcel where the wall or fence is to be constructed or from
driveways on neighboring property.

Prohibited
materials. The following fences and fencing materials are specifically
prohibited in any location on a lot: barbed-wire fences; sharp-pointed
fences; unsafe materials; electrically charged aboveground fences;
chicken wire; and temporary fences, such as, but not limited to, snow
fences, expandable fences and collapsible fences; and in no event
shall canvas, cloth or other similar opaque textile fence exceed the
height limitation contained in this chapter. For the purposes of this
section, temporary fencing shall not include fencing approved by the
Building Inspector, including but not limited to fencing for the purposes
of erosion and sediment control, construction and life-safety concerns.

Underground structures. Structures which are built
completely below the level of the natural existing ground surface
may be located in any side or rear yard, provided that they are not
situated within three feet of any property line, or in the front yard,
provided that they are set back from the front property line not less
than 1/2 the distance required for aboveground structures. In
no case, however, shall underground structures be required to set
back further than the distance that would be required for aboveground
structures.

Visibility at intersections. On a corner lot in any
residence district, no fence wall, hedge or other structure or planting
more than three feet in height shall be erected, placed or maintained
within the triangular area formed by the intersecting street center
lines and a straight line joining said street center lines at points
which are 100 feet distant from the point of intersection, measured
along said street center lines. The height of three feet shall be
measured above the road surface at the center line of the road having
the lesser elevation. This subsection shall not apply to existing
trees, provided that no branches are closer than six feet to the ground.

Corner lots. On a corner lot in any residence district,
there shall be provided a side yard on the side street equal in depth
to the required front yard on said lot, or, if the lot is to be occupied
by a one-family home, such side yard may be reduced to 25% of actual
lot width.

Exception for existing alignment of buildings. If
on one side of a street within 250 feet of any lot there is pronounced
uniformity of alignment of the fronts of existing buildings and of
the depths of front yards greater or less than the depth specified
in the Schedules of Regulations,[1] a front yard shall be required in connection with any
new building which shall conform as nearly as practicable to those
existing on the adjacent lots, except that no such building shall
be required to set back from the street a distance greater than 40
feet.

Awnings. No awning, or similar weather shielding feature,
projecting beyond the property line of any lot into the sidewalk portion
of a street shall be erected or maintained on any building, unless
such awning or feature shall be firmly attached to the building and
is at all points at least eight feet above the sidewalk area.

Swimming pools. All swimming pools shall be considered
structures and shall set back from lot lines at least the minimum
distance required for other principal buildings and structures in
that district.

If a swimming pool, as located, is within 100 feet
from a dwelling other than the owner's or within 50 feet from any
street or property line, the same must be completely surrounded by
a fence or wall enclosure not less than four feet in height with openings,
holes or gaps (exclusive of gates or doors) therein not more than
four inches in one dimension, a part of which enclosure may consist
of a dwelling house or accessory building. A wall or fence or other
enclosure wholly enclosing a dwelling house shall constitute compliance
with this requirement.

Each and every gate or door opening through such enclosure
shall be equipped and maintained with effective self-closing and self-latching
devices, except that the floor of any occupied dwelling house forming
a part of such enclosure need not be so equipped. The use of a natural
barrier, hedge or pool cover will be deemed to satisfy the requirement
of a fence or wall as specified above when approved by the Building
Inspector.

All portions of multifamily and nonresidential properties
which are not used for locations for buildings, structures, off-street
parking and loading areas, sidewalks or similar purposes shall be
landscaped and permanently maintained in such manner as to minimize
erosion and stormwater runoff and harmoniously blend such uses with
the residential character of the City as a whole.

Be of evergreen planting of such type, height
and spacing as, in the judgment of the Planning Board, will screen
the activities on the lot from view of a person standing at a street
level on the adjoining residential lot. The plan and specifications
for such planting shall be filed with the approved plan for the use
of the lot.

Exterior lighting. All exterior lighting accessory
to a multifamily or nonresidential use, including the lighting of
signs, shall be of such type and location and shall have such shading
as will prevent the source of light from being seen from any adjacent
residential property or from the street. Hours of lighting may be
limited by the Planning Board in acting on any site development plan.

Refuse disposal. Adequate facilities for disposal
of refuse shall be provided in all districts. In multifamily and nonresidential
districts, all refuse disposal units or locations for deposit must
be screened from view and designed in such fashion as to be fireproof
and to prevent access by rodents and blowing away of refuse.

Courts. In any district, wherever a room occupied
for residential purposes cannot be reasonably and adequately lighted
and ventilated from a street or from a yard, as required by this chapter,
a court conforming to the provisions of this section shall be provided
on which such rooms shall open. The least dimension of any inner court
at the sill level of the lowest windows shall be equal to the height
of the highest wall forming part of such court. The depth of any outer
court shall not exceed 1/2 its width, and such width shall not
be less than 15 feet.

General. No detached accessory building, including a garage, utility shed, storage shed or other outbuilding, but not including construction sheds, is permitted, until such time as the principal building has been substantially completed in conformance with all applicable provisions of this chapter. All accessory buildings shall comply with the dimensional and bulk requirements set forth on the accompanying Schedules of Regulations constituting § 223-17C and E of this chapter unless specifically provided otherwise herein. For the purpose of this section, "residential lots" shall mean any lot containing a permitted residential use.

Sheds. A shed may be erected, provided that it is used for storage
and utility purposes that are customary and incidental to the existing
residence. Notwithstanding any requirement in the Schedule of Regulations
for Residential Districts[1] to the contrary, the shed shall be no larger than 144
square feet in floor area and a maximum of 10 feet in height at its
highest point.

Detached garages and other accessory buildings. Detached garages
and other accessory buildings are permitted, provided that they comply
with the accompanying Schedules of Regulations[2] and meet the following additional requirements:

Conformity required. No sign or billboard shall be erected, constructed,
displayed, maintained, moved, reconstructed, extended, enlarged or
altered, except in conformity with and expressly authorized by the
provisions of this chapter.

Interior signs displayed through windows shall not require a permit
under this section, and said signs shall not count toward maximum
number of signs affixed to a building per establishment. However,
interior window signs affixed to or placed so as to be visible through
a window shall be limited to the windows of the structure within which
the permitted use is situated, facing the principal street giving
access to such structure. The total amount of signage shall not exceed
30% of the total glass area. All signs shall be maintained in a legible,
neat and orderly fashion.

Illumination. Permitted signs may be internally or externally illuminated,
except by means of a neon-type electric material, provided that such
illumination shall not be twinkling, flashing, intermittent, or of
changing degrees of intensity or projected outward from the property
onto adjacent properties or public rights-of-way and provided that
the source of such illumination shall not be visible beyond the boundaries
of the lot on which it is located. Notwithstanding the above, neon,
LCD and LED signs shall not be permitted.

Placement. No sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.

Not more than one sign affixed to the outer wall of the structure
within which the permitted use is situated, which outer wall faces
the principal street giving access to such structure, provided that:

No such sign shall exceed two feet in height, except that a
vertical projecting wall sign shall not exceed eight feet in height.
A vertical projecting wall sign is defined as any sign which is attached
to the building wall or structure which is perpendicular to the face
of such wall or structure.

Interior signs displayed through windows shall not require a permit
under this section, and said signs shall not count toward maximum
number of signs affixed to a building per establishment. However,
interior window signs affixed to or placed so as to be visible through
a window shall be limited to the windows of the structure within which
the permitted use is situated, facing the principal street giving
access to such structure. The total amount of signage shall not exceed
30% of the total glass area. All signs shall be maintained in a legible,
neat and orderly fashion.

A temporary sign is a nonilluminated sign that is used in connection
with a circumstance, situation or event that is designed, intended
or expected to take place or to be completed within a reasonably short
or definite period after the erection of such sign, such as signs
displayed during campaigns, drives or events of civic, political,
philanthropic, educational or religious institutions. If such sign
display area is permanent but the message displayed is subject to
periodic changes, that sign shall not be regarded as "temporary."
Unless otherwise provided in this section, signs shall not be considered
temporary if they are effectively displayed on an ongoing basis, interrupted
by short intervals when they are not displayed. Temporary signs shall
not require a permit under this section, unless located in the public
right-of-way or on public property.

Temporary signs must be removed by the individual or organization
which posted, or caused to be posted, such temporary signs within
seven calendar days after the event for which they are displayed,
unless otherwise provided in this section.

No temporary sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.

Not more than one temporary sign for each street frontage of
the lot, identifying the architect, engineer and/or contractor, and
not exceeding 40 square feet in area in nonresidence districts and
six square feet in residence districts, shall be permitted during
the course of construction only.

One "for sale" or one "to let" sign not exceeding six square
feet in area for a single lot, or 50 square feet in area for a real
estate subdivision, and set back at least 15 feet along the frontage
of the street upon which the property is located. A "sold" sign shall
not be displayed for more than 30 calendar days.

Signs indicating that a special event such as a grand opening,
fair, carnival, circus, festival or similar event is taking place
on the lot where the sign is located, not exceeding 40 square feet
in area in nonresidence districts and six square feet in residence
districts, and limited to one sign for each street frontage of the
lot. The sign shall not be posted sooner than two weeks prior to the
special event and shall be removed by the individual or organization
which posted, or caused to be posted, such sign within three calendar
days following the special event.

Sidewalk signs with no more than two faces, including but not
limited to sandwich boards, in nonresidence districts, or in any other
district provided the sign is located on Route 52 (Fishkill Avenue
and Teller Avenue) or Route 9D (North Avenue and Wolcott Avenue),
not exceeding one sign per business and not exceeding two feet in
width and three feet in height. Sidewalk signs may be displayed on
an ongoing basis, but shall not be displayed between the hours of
11:00 p.m. and 6:00 a.m., shall not include banners, and shall not
be tethered. Sidewalk signs shall be located in the front of the business
for which the sign is displayed, unless the business is located on
a corner lot in which case the sign may be located to the side of
the business, or unless the business maintains a rear entrance in
which case the sign may be located to the rear of the business.

Signs conveying a nonpolitical, noncommercial message, not exceeding
40 square feet in area in nonresidence districts and six square feet
in residence districts and limited to one sign for each street frontage
of the lot.

Illumination. Permitted signs may be internally or externally illuminated,
provided that such illumination shall not be twinkling, flashing,
intermittent, of changing degrees of intensity or projected outward
from the property onto adjacent properties or public rights-of-way
and provided that the source of such illumination shall not be visible
beyond the boundaries of the lot on which it is located. Notwithstanding
the above, neon, LCD and LED signs may be permitted.

Placement. No sign shall be located so as to obscure any signs displayed
by public authority, nor shall any sign be placed in such a way as
to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow.

Temporary emergency warning signs erected by a governmental
body, public utility company or contractor doing authorized or permitted
work within the public right-of-way, provided that such signs shall
be located outside of the public vehicular and pedestrian travel ways
and shall be placed so as not to create any nuisance or threat to
public safety.

Permit standards. The Building Inspector or his duly authorized designee
shall issue a permit within a reasonable period of time following
receipt of a complete permit application for the placement of a temporary
sign in the right-of-way or on public property, provided the following
conditions are satisfied:

No sign shall be located so as to obscure any signs displayed
by a public authority, nor shall any sign be placed in such a way
as to obstruct proper sight distance or otherwise interfere with pedestrian
or traffic flow or means of egress.

The necessity of surety bonds and/or insurance shall be determined
by the Building Inspector or his duly authorized designee. If it is
determined that such surety bond and/or insurance is necessary, the
amount of such surety bond and/or insurance shall be determined by
the Building Inspector or his duly authorized designee, in his/her
sole discretion, as may be necessary to defray any expense of liability
from the City. Surety bonds and/or insurance policies shall be approved
as to form by the City Attorney.

Noncompliance with any of the foregoing provisions shall constitute an offense, punishable as provided for in § 1-3, General penalty. When a person has received written notice from the Building Inspector or has been served with a summons and complaint in an action to enjoin continuance of any violation, each day in excess of 10 days thereafter that he shall continue to be guilty of such violation shall constitute an additional, separate and distinct offense.

Any temporary sign installed or placed, except in conformance with
the requirements of this section, shall be subject to removal. In
addition to other remedies hereunder, the City shall have the right
to recover from the owner or person placing such sign the full costs
of removal and disposal of such signs in accordance with the administrative
fee set forth in the City of Beacon Schedule of Fees.[3] The fee shall be paid by the individual or entity retrieving
the signs from the City. The City shall dispose of the sign(s) after
five calendar days from the removal of the sign(s) by the City.

The display of any sign at a location containing the name or address
of a person or entity and a commercial message relating to such person
or address shall be presumptive evidence that such person installed,
created, erected and maintained the sign at the location where it
was displayed. This presumption shall be subject to rebuttal by competent
evidence.

Alteration of wetlands or watercourses. In any district,
no alteration of wetlands or watercourses, whether by excavation,
filling, grading, clearing, draining or otherwise. and whether or
not incidental to activities otherwise permitted, shall be made in
contours (whether submerged or above water level), water levels or
flow of such wetlands or watercourses without review as to the effect
of such alteration and any related facilities on water recharge areas,
water table levels, water pollution, aquatic animal and plant life,
temperature change, drainage, flooding, runoff and erosion. This review
and approval of such alteration shall be made by the Planning Board.

Hilltops, ridgelines and very steep slopes. For the
purpose of preventing erosion, minimizing stormwater runoff and flooding,
preserving the City’s underground water resources and protecting
the City’s character and property values, it is the intent of
this chapter to avoid the development of hilltops, ridgelines and
very steep slopes, and toward this end, wherever practicable, new
construction shall avoid such areas, and existing vegetation in such
areas shall not be disturbed wherever practicable. The City Council,
the Planning Board, the Zoning Board of Appeals and the Building Inspector
shall take these objectives into consideration in reviewing and acting
on any plans submitted pursuant to the provisions of this chapter.
Further, no building, development, construction of other site improvements,
excavation, filling, grading, or removal of significant vegetation
shall be permitted on a very steep slope unless the approval authority
has determined:

May request a written report on the effects of such alteration by
the Soil Conservation Service of the United States Department of Agriculture
or other expert of the Planning Board's choosing at the expense
of the property owner or developer, and payment in advance of the
amount of such expense, if any, shall be a condition of further consideration.

The accompanying Schedules of Regulations constituting § 223-17C and D herein list and define the use of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots, off-street parking space and other matters. The regulations listed for each district as designated are hereby adopted and prescribed for each such district, subject to the provisions of this section, and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.

It is the intention that the uses set forth for each
district shall not be permitted uses in any other district in the
schedules, unless allowed specifically or by reference as permitted
uses in said district.

The maximum area of the use within the principal building
on the lot shall not exceed the area of the basement plus 30% of the
finished area of the floor(s) above the basement. In addition, the
maximum floor area of the use within an accessory building shall not
exceed 750 square feet.

No offensive odor, noise, vibration, smoke, dust,
heat, light, glare or other similar condition shall be produced by
the use, and no electrical, television or radio interference to neighboring
properties shall be produced by the use.

Intent. The City Council of the City of Beacon finds, declares and
determines that the exploration for natural gas, the extraction of
natural gas and the storage, transfer, treatment or disposal of natural
gas exploration and production wastes within the City of Beacon poses
a significant threat to its residents' health, safety and welfare.
If natural gas exploration or extraction or the storage, transfer,
treatment or disposal of natural gas exploration and production wastes
were to occur within the City, this activity would endanger the health,
safety and welfare of City residents through the deposit of toxins
into the air, soil, water, environment and the bodies of residents
within the City. Clean air and water are essential to most resources
and activities in the Beacon area and the quality of the air and the
water will be degraded by natural gas exploration and extraction activities
and/or the storage, transfer treatment or disposal of natural gas
exploration and production wastes; and natural gas exploration and
extraction activities and the storage, transfer, treatment or disposal
of natural gas exploration and production wastes may presently or
in the future cause irreparable harm to the City's water supply,
pollution of the water, soil and air, and may cause cancer, lung disease
and respiratory diseases. This ordinance is not directed at the regulatory
scheme for the operation of natural gas wells under the Oil, Gas and
Solution Mining Law of New York State. It only addresses land use
and nuisance concerns and the protection of the health, safety and
welfare of the people of the City of Beacon and the enhancement of
its physical environment.

Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.

Geologic or geophysical activities related to the search
for natural gas or other subsurface hydrocarbons including prospecting,
geophysical and geologic seismic surveying and sampling techniques,
which include but are not limited to core or rotary drilling or making
an excavation in the search and evaluation of natural gas or other
subsurface hydrocarbon deposits.

Any garbage, refuse, sludge, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material
that results from or is associated with the exploration, drilling
or extraction of natural gas.

No application to customary local distribution lines. The prohibitions
set forth herein are not intended, and shall not be construed, to
prevent or prohibit the right to use roadways in commerce or otherwise
for travel, prevent or prohibit the transmission of natural gas through
utility pipes, lines or similar appurtenances for the limited purpose
of supplying natural gas to residents or buildings located in the
City, or prevent or prohibit the incidental or normal sale, storage,
or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with agriculture, residential, business,
commercial and other permitted uses within the City.

General provisions. The special uses for which conformance
to additional standards is required by this chapter shall be deemed
to be permitted uses in their respective districts, subject to the
satisfaction of the requirements and standards set forth herein, in
addition to all other requirements of this chapter. All such uses
are declared to possess characteristics of such unique and special
forms that each specific use shall be considered as an individual
case.

Application for required special permits shall be made to the Planning Board as agent for the City Council, and the applicant shall appear before the Planning Board prior to appearing before the City Council. All application materials, including plans, shall be submitted in electronic file format acceptable to the Building Department, in addition to at least five paper copies (or such other format or amount as determined by the Building Department), at least two weeks prior to the regular Planning Board meeting at which it will be considered. The Planning Board shall, upon receiving such application, forward a copy of the application to the City Council for the Council's use in initiating the state environmental quality review process and for otherwise processing the application. The Planning Board shall render a report to the City Council on each application, which report shall be rendered within 45 days of the date such application is received by the Board. Each report shall be submitted to both the Building Inspector and the City Engineer. The City Council shall conduct a public hearing within 62 days from the day on which a complete application is received. Public notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. The City Council shall decide upon the application within 62 days after the hearing, provided that the SEQR process has been concluded. The time in which the City Council must render its decision may be extended by mutual consent of the applicant and the Board. The City Council may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met:

The location and size of the use, the nature and intensity of
the operations involved in or conducted in connection with it, the
size of the site in relation to it and the location of the site with
respect to streets giving access to it are such that it will be in
harmony with the appropriate and orderly development of the district
in which it is located.

The location, nature and height of buildings, walls and fences
and the nature and extent of the landscaping on the site are such
that the use will not hinder or discourage the appropriate development
use of adjacent land and buildings.

Operations in connection with any special use will not be more
objectionable to nearby properties by reason of noise, fumes, vibration
or other characteristic than would be the operations of any permitted
use, not requiring a special permit.

Parking areas will be of adequate size for the particular use
and properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum safety.

The decision of the City Council on the application, after the holding
of the public hearing, shall be filed in the office of the City Clerk
within five business days after such decision is rendered and a copy
thereof mailed to the applicant.

A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, type and location of exterior lighting, drainage improvements in accordance with § 223-25F of this chapter, special features and any other pertinent information, including information about neighboring properties, that may be necessary to determine and provide for the enforcement of this chapter. The Planning Board, in preparing its report, as required in Subsection B, shall give particular study to the plan and shall recommend any changes that should be made in the plan to meet the conditions enumerated in §§ 223-17D and 223-18B.

Conditions and safeguards. The City Council shall
attach such conditions and safeguards to the special permit as are
necessary to assure continual conformance to all applicable standards
and requirements.

Complete the conditions of approval for the special permit use,
upon a finding that an applicant is working toward completion of such
conditions with due diligence and has offered a reasonable explanation
of its inability to complete such improvements and file a bona fide
application for a building permit within one year of the issuance
of the special permit. No further extensions may be granted if the
conditions are not completed within two years following the issuance
of the special permit; and

Complete construction of the improvements, upon a finding that
an applicant is prosecuting construction with due diligence and has
offered a reasonable explanation of its inability to complete the
project. No such extensions shall be granted unless the City Council
finds that all appropriate erosion control measures to protect surrounding
properties are in place.

[2] In the event that the improvements set forth in the special
permit have commenced prior to the expiration date, but are not completed
by that time, the applicant shall pay a daily fine of $25 until a
certificate of occupancy has been issued by the Building Department.

Editor's Note: Former Subsection H, Notice of hearing, added 10-18-1993 by L.L. No. 4-1993, was repealed 6-17-2013 by L.L. No. 12-2013. This local law also provided for the redesignation of former Subsections I and J as Subsections H and I, respectively.

A special permit use shall conform to the following individual standards and regulations in §§ 223-20 through 223-24, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.

Permitted uses. If a site is to be used for a hotel, use of the site
and any buildings or structures on the site shall be limited to usual
hotel activities and accessory uses incidental to the operation of
a hotel and of the same general character, provided that all such
accessory uses shall be planned as an integral part and located on
the same site with the hotel.

Screening. Outdoor parking areas and recreational facilities shall
be screened with fencing, landscaping and/or buildings on all sides
toward adjoining residential lots. Where hotel buildings are set back
less than 100 feet from one-family residential lots, such buildings
shall be suitably screened with planting.

For restaurants, bars and other public rooms, and for recreation facilities and other permitted uses, other than lobbies: The number of parking spaces required in accordance with § 223-26 of this chapter shall be provided.

In the execution of this law it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods or land uses.

It is further declared that the location of
these uses in regard to areas where our youth may regularly assemble
and the general atmosphere encompassing their operation is of great
concern to the City of Beacon.

An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and video tapes and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.

A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainment, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.

A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a movie theater, would not be open to the public generally but would
exclude any minor by reason of age.

This use includes and is limited to adult bookstores, adult
drive-in theaters, adult cabarets, adult motels, adult theaters, massage
establishments and peep shows. Any use, such as for example a hotel,
which includes any form of adult entertainment as a principal or any
accessory use shall be considered an adult use for the purpose of
this chapter.

Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors. This definition shall not be construed to include a hospital,
nursing home or medical clinic, or the office of a physician, surgeon,
chiropractor, osteopath or duly licensed physical therapist, or a
barbershop or beauty salon in which massages are administered only
to the scalp, face, neck or shoulders. This definition also shall
exclude massage therapy establishments which are operated by a professional
massage therapist licensed by the State of New York, health clubs
which have facilities for physical exercise, such as tennis courts,
racquetball courts, or exercise rooms, and which do not receive their
primary source of revenue through the administration of massages.

A theater which presents material in the form of live shows,
films, slides or videotapes, viewed from an individual enclosure,
for which a fee is charged and which is not open to the public generally
but excludes any minor by reason of age.

Adult uses shall not be located within a five-hundred-foot
radius of the property lines of any school, church or other religious
institution or place of religious worship, park, playground or playing
field.

Permitted uses. If a site is to be used for a car
wash, either the automatic or self-service type, it shall be limited
in primary function to such activities but may include the following
accessory uses, provided that they are subordinate and incidental
to the principal use:

Setbacks. In addition to the normal setback requirements of the zoning district in which it is located, a car wash shall be required to have a front setback adequate to meet the requirements of Subsection F.

A drying area for cars (where such drying is not an
integral function of an automatic-type car wash) so situated as to
be usable for the hand-finishing of cars at the end of the washing
process, with parking spaces equal in number to:

Water supply. All automatic-type car washes shall
include water recirculation systems, which shall be in operation at
all times when cars are being washed and which shall be capable of
reclaiming at least 80% of the water utilized in the washing process.

Any building so used shall not be less than
75 feet from the lot line of any adjoining property, except that buildings
which exist on the date of the enactment of this section shall not
be less than 50 feet from the lot line of any adjoining property.

No patient bed or treatment facility shall be
located within 100 feet of any off-site dwelling as of the date a
building permit for the construction of the structure housing the
patient bed or the treatment facility is obtained or, if no building
permit is required, as of the date the new hospital use commences.

Notwithstanding the definition of the term "accessory use" in § 223-63 of this chapter, accessory hospital uses may be located on the same lot as the principal hospital use or on any lot which is adjacent to or across the street from the lot which the principal use is located.

Permitted uses. If a site is to be used for a nursing
home, it shall be limited to usual nursing home activities, as defined
herein, but not to include the boarding or keeping of patients suffering
from any contagious disease, tuberculosis, mental illness, acute alcoholism
or drug addiction.

One off-street parking space shall be required for
each three resident persons and one for each person employed at the
same time when the building is operating at full capacity, including
staff doctors.

All parking spaces shall be permanently improved and
may not be located in the required front yard nor closer than 1/2
of the required nursing home building setback distance from any other
property line.

Signs. One sign, not exceeding 10 square feet in area,
not flashing and not lighted by exposed tubes, bulbs or other light
sources, announcing the name of the nursing home, shall be permitted
facing each public street which the property abuts.

Conformance required. Any proposed development
in an area of special flood hazard (also known as the one-hundred-year
floodplain), must comply in all respects with the applicable provisions
of Local Law Number 1 of the year 1987, entitled "A Local Law for
Flood Damage Prevention."[1] A development permit shall be obtained before the start
of construction or any other development within such area of special
flood hazard. Such permits shall be granted or denied by the Commissioner
of Public Works. As provided by the Flood Damage Prevention Law, the
Zoning Board of Appeals shall hear and decide any appeals or requests
for variances from the requirements of the Flood Damage Prevention
Law.

Purpose and intent. It is the purpose and intent of
allowing accessory apartments on single-family properties in all residence
districts to provide the opportunity and encouragement for the development
of small, rental housing units designed to meet the special housing
needs of single persons, couples, other small households, the young,
the elderly, persons of low and moderate income and relatives of families
presently living in Beacon. It is the further purpose and intent of
this provision to allow the more efficient use of the City's existing
stock of dwellings and accessory buildings, to provide economic support
for present resident families of limited income and to otherwise help
to protect and preserve property values.

Apartment size. The minimum floor area for an accessory
apartment within a detached single-family dwelling shall be 400 square
feet. The maximum floor area shall be 650 square feet, but in no case
shall the floor area of the apartment exceed 30% of the total floor
area of the dwelling building in which it is located. For an accessory
apartment located in an accessory building, the minimum floor area
shall also be 300 square feet, and the maximum shall be 600 square
feet, except that the City Council may permit a smaller or larger
accessory apartment where appropriate in an existing accessory building
constructed prior to August 1, 1989. There shall be no more than one
accessory apartment permitted per single-family lot. However, in the
case of a lot which contains an existing accessory building or buildings
that comply with the minimum required setbacks required for a principal
building in the zoning district in which the lot is located and that
were constructed prior to August 1, 1989, one accessory apartment
shall be permitted in each such accessory building in addition to
the one permitted in the detached single-family dwelling; the area
of such lot shall be at least 100% larger than the minimum lot area
required in the district in which the lot is located for each accessory
apartment in excess of the first one.

Exterior appearance. If an accessory apartment is
located in a detached single-family dwelling, the entry to such unit
and its design shall be such that, to the degree reasonably feasible,
the exterior appearance of the building will remain that of a single-family
residence.

Renewal inspections. Each accessory apartment shall
be inspected by the Building Department every two years in order to
determine whether the apartment remains in compliance with this section.
Upon a satisfactory inspection report, the accessory apartment owner
shall be reissued a certificate of occupancy. In the event that the
inspection indicates that the apartment is no longer in compliance,
the certificate of occupancy shall be revoked until the violations
are cured.

An artist live/work space may exist on the first
floor of a structure only if the appearance and use of the live/work
space on the street side is consistent with the nature of the permitted
uses in the surrounding area. For example, if the surrounding area
is retail in nature at the first-floor level, the live/work space
shall be restricted to retail on the street side of the first floor,
and said street side space shall be large enough, in the opinion of
the Building Inspector, to support a typical retail enterprise.

Each artist live/work space and its various
components shall be physically separate and distinct from other live/work
spaces and other uses within a particular building. The sharing of
artist live/work spaces by multiple tenancies, components thereof
or utilities shall not be permitted. However, access to live/work
spaces may be provided from common access areas, halls or corridors.

Each artist live/work space must contain a floor
area of no less than 800 square feet, of which a minimum area shall
be devoted to the following: 35 square feet for an enclosed bathroom,
60 square feet for a kitchen, and 120 square feet for a sleeping area.

In order to ensure that the use is consistent
with the other commercial uses, artist live/work spaces shall not
be used for classroom instructional uses with more than two pupils
at any one time; the storage of flammable liquids or hazardous materials;
welding; or any open-flame work. Further, the work in the live/work
space shall be so conducted as not to cause noise, vibration, smoke,
odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance
which is perceptible by the average person located within any other
residential or commercial unit within the structure or beyond any
lot line.

Not more than one person who is 18 years of
age or older may reside within an artist live/work space per 300 square
feet of residential floor area. Further, not more than two persons
who are at least 18 years of age, of which at least one of whom is
an artist in residence, and not more than two children of said persons
who are under 22 years of age may reside within a live/work space
on a year-round basis.

Other than in a first-floor retail-oriented
area, articles offered for sale within a live/work space must include
those produced by the artist residing in said live/work space and
may be offered with other like items.

One flush-mounted, nonilluminated sign, with
a maximum area of two square feet, attached adjacent to or near the
street entrance door to the live/work space may be used to identify
the artist. This sign may list only the name of the artist with a
one- or two-word description of the type of artwork or craft that
is to be conducted within the live/work space. Where two or more live/work
spaces occur within the same building, the signs must be placed in
an orderly fashion in relation to each other and must be part of a
coherent directory in which signs are ordered in a horizontal fashion.
Where five or more live/work spaces are developed within one building,
an interior directory sign shall be located in lieu of individual
signs on the building exterior.

For the purposes of this permitted use, artists
shall only be those persons working exclusively with paint, paper,
clay and/or other soft materials, and this use shall include photography,
jewelry making, graphic arts and other similar relatively quiet endeavors
as determined by the City Council in reviewing the proposed special
use permit application. Tattoo appliers, body piercers and musicians
shall not be considered artists for the purpose of this use.

Renewal inspections. Each artist live/work space
shall be inspected by the Building Department every two years in order
to determine whether the artist live/work space remains in compliance
with this section. Upon a satisfactory inspection report, the artist
live/work space owner shall be reissued a certificate of occupancy
for two additional years. If the Building Inspector determines that
the artist live/work space is not in compliance, the building owner
or manager shall have 60 days in which to rectify all noncomplying
elements and shall apply for reinspection with the Building Department,
subject to an additional fee. If all such noncomplying elements are
not rectified within the above-specified time frame, the certificate
of occupancy for the use shall expire and the use as authorized by
the special permit shall be terminated.[2]

Editor’s Note: Former Subsection B, regarding procedures for special permits, which immediately followed this subsection, was repealed 3-18-2013 by L.L. No. 6-2013. Section 4 of this local law provided as follows: "Any artist live-work space that failed to comply with the prior language of § 223-24.3B shall have six months from the effective date of this local law to renew its special permit by complying with new § 223-24.3A(18) and (19) and existing Subsection A(17) and any other applicable provision of the City Code. Failure to do so shall result in the expiration of the special permit and the use as authorized by the special permit shall be terminated."

The owner of the live/work space shall file a certification with the Building Department every two years, and at any point in time when there is a change in ownership or a change in the use of the space, on a form provided by said Department, which certifies that the live/work space is in conformance with the Zoning Chapter and the special permit, and that the residential portion of the space has not been expanded beyond a maximum of 30% of the floor area of the live/work space, as required by Subsection A(6) above.

The deed, offering plan, certificate of occupancy and/or rental agreement, as appropriate, for each artist live/work space shall contain language, satisfactory to the City Attorney in form and substance, which states that the subject dwelling is an artist live/work space as defined in § 223-63 of the Zoning Chapter of the Code of the City of Beacon, New York, and is subject to all restrictions and limitations as set forth in said chapter and the approval resolution(s), including the requirement for a certification with the Building Department in accordance with § 223-24.3A(18). Proof of recording of the deed shall be provided to the Building Department within 60 days after the conveyance.

The outward appearance of the use shall be that of
a one-family dwelling and there shall be no indication of the bed-and-breakfast
establishment from the exterior of the building, except for the sign.
A separate entrance into the building for the bed-and-breakfast use
shall not be permitted.

The maximum number of guest bedrooms at a bed-and-breakfast
establishment shall be six, except that the City Council may, at its
discretion, allow additional guest bedrooms up to a maximum of 10
where the Council determines that the size and shape of the lot on
which the establishment is proposed can accommodate the additional
patrons and parking.

Renewal inspections. Each bed-and-breakfast establishment
shall be inspected by the Building Department every two years in order
to determine whether the establishment remains in compliance with
this section. Upon a satisfactory inspection report, the bed-and-breakfast
establishment owner shall be reissued a certificate of occupancy.
In the event that the inspection indicates that the bed-and-breakfast
establishment is no longer in compliance, the certificate of occupancy
shall be revoked until the violations are cured.

The City Council has determined that the establishment
of zoning provisions to institute minimum standards for wireless telecommunications
services facilities shall be among the legislative purposes of the
Zoning Law of the City of Beacon and is in accordance with the goals,
objectives and policies of the City's Development Plan.

The purpose of these special regulations is
to reasonably control the location, construction and maintenance of
wireless telecommunications services facilities in order to encourage
the siting of said facilities in nonresidential areas and to protect,
to the maximum extent practicable, aesthetic impacts, the open space
character of portions of the City of Beacon, the property values of
the community, and the health and safety of citizens, while not unreasonably
limiting competition among telecommunication providers.

Use. Except as provided hereinafter, no wireless telecommunication
services facility shall be located, constructed or maintained on any
lot, building, structure or land area in the City of Beacon unless
a special use permit has been issued in conformity with the requirements
of this chapter and all other applicable regulations.

Exemptions. The provisions of this section shall not
apply to unlicensed wireless telecommunication services facilities
installed wholly within a principal or accessory building, such as
but not limited to baby monitors, garage door openers and burglar
alarm transmitters, and serving only that building.

Subject to the City Council's review and evaluation
of technological, structural, safety and financial considerations
associated with alternative locations for the siting of wireless telecommunication
services facilities, the following locational priorities shall apply
in the order specified, consistent with the City's obligation to create
the least amount of adverse aesthetic impact and to preserve the scenic
values of the City:

Co-location on an existing wireless telecommunication
services facility or radio tower, as identified on an inventory of
existing facilities which shall be maintained by the City (the "existing
facilities inventory"). Co-location shall be required unless it has
been demonstrated to the satisfaction of the City Council that:

None of the sites identified on the existing
facilities inventory within the service area can accommodate the proposed
wireless telecommunication services facility in a reasonable financially
and technologically feasible manner consistent with the wireless communications
service carrier's system requirements;

None of the sites identified on the existing
facilities inventory within the service area can accommodate the proposed
wireless telecommunications services facility with respect to structural
or other engineering limitations, including frequency incompatibilities;
or

Except for co-location on an existing wireless
telecommunication services facility or radio tower identified on the
existing facilities inventory and except for location on a building
(and the premises thereof) which is at least nine stories in height,
new wireless telecommunication services facilities shall not be located
in the WD, WP and Residential Zoning Districts, nor in the Historic
District and Landmark Overlay Zone.

Wherever possible, new wireless telecommunication
services facilities shall be in the form of antennas attached to an
existing building or structure and/or shall be in the form of stealth
structures. Lattice towers shall be the structures of last resort.

All new wireless telecommunication services
facilities and premises shall be of proper size, location and design
to accommodate co-location of other service providers' facilities,
unless otherwise permitted by the City Council. To the maximum extent
practicable, existing roadways shall be used to provide access to
the site of a wireless telecommunication services facility.

Setbacks. Wireless telecommunication services facilities,
except those structurally mounted to an existing building or structure,
shall be located not less than two times the otherwise applicable
setback requirements for principal structures for the district in
which the property is located, or not less than the height of the
facility plus the otherwise applicable setback requirements for principal
structures for the zoning district in which the property is located,
whichever shall be greater. Wireless telecommunication services facilities
structurally mounted to the roof of an existing building or structure
shall be set back from the side of the building or structure so as
to minimize its visibility, but in no case less than 10 feet unless
a stealth design is proposed, in which case the City Council may waive
or modify this requirement.

Height limitations. Notwithstanding the following
height limitations, in no case shall a wireless telecommunication
services facility exceed the minimum height reasonably necessary to
accomplish the purpose it is proposed to serve.

The height of any antennas, or other associated
equipment, structurally mounted as part of a wireless telecommunication
services facility shall not exceed by more than 15 feet the highest
point of the existing structure on which such antennas or equipment
is affixed.

The height of any monopole or tower utilized
in a wireless telecommunication services facility shall not exceed
150 feet in height measured from the highest point of such facility
to the finished grade elevation of the ground immediately adjacent
to the structure.

Visual mitigation. The applicant/provider shall prepare
a visual impact assessment of the proposed wireless telecommunication
services facility based upon appropriate modeling, photographic simulation
and other pertinent analytical techniques as required by the City
Council. Landscaping and/or other screening and mitigation, including
but not limited to architectural treatment, stealth design, use of
neutral or compatible coloring and materials, or alternative construction
and transmission technologies, shall be required to minimize the visual
impact of such facility from public thoroughfares, important viewsheds,
vantage points and surrounding properties to the extent practicable,
as determined by the City Council. No signs shall be erected on any
wireless telecommunication services facility except as may be required
by the City Council for security or safety purposes. All equipment
enclosures and storage buildings associated with the wireless telecommunication
services facilities shall be consistent or compatible with adjacent
buildings in terms of design, materials and colors and shall be appropriately
landscaped.

Materials. A wireless telecommunication services facility
shall be of galvanized finish or painted gray or another neutral or
compatible color determined to be appropriate for the proposed location
of such facility in the reasonable judgment of the City Council. The
mountings of wireless telecommunication antennas shall be nonreflective
and of the appropriate color to blend with their background.

Lighting. The wireless telecommunication services
facility shall not be artificially lighted unless otherwise required
by the Federal Aviation Administration or other federal, state or
local authority.

Operational characteristics. Unless otherwise superseded
by the Federal Communications Commission (FCC), the design and use
of the proposed wireless telecommunication services facility, including
its cumulative impact with other existing and approved facilities,
shall be certified to conform to the maximum NIER exposure standards
promulgated by the FCC, as amended. Said certification shall include
a report by a licensed professional electrical engineer with expertise
in radio communication facilities and/or health physicist acceptable
to the City Council. A copy of such certification report shall be
submitted to the City Council prior to commencing operation of such
facility and a copy shall be filed with the Building Inspector. The
City Council may require annual certification of conformance with
the applicable emission standards. Additionally, copies of certification
reports shall be submitted to the City Council whenever they are required
to be submitted to the FCC. The City Council may hire a qualified
professional of its choosing to review and confirm such initial and
subsequent certification report(s), the cost of which shall be reimbursed
by the applicant in accordance with the escrow account procedures
established by the City for the reimbursement of professional review
fees for subdivision, site plan and special use permit applications.
Any violation of the emissions standards shall require immediate discontinuation
and correction of the use responsible for the violation.

Utility service. Electrical and land-based telephone
lines extended to serve the wireless telecommunication services facility
sites shall be installed underground. If the wireless telecommunication
services facility is attached to a building, and if determined practical
and economically feasible by the City Council, all wires from the
ground to said facility shall be located within the building. If permitted
to be located outside said building, the wires shall be enclosed in
a conduit whose materials and colors are consistent or compatible
with the building.

Safety provisions. A wireless telecommunication services
facility shall be designed and erected so that in the event of structural
failure it will fall within the required setback area and, to the
maximum extent possible, away from adjacent development.

Security provisions. A security program shall be formulated
and implemented for the site of a wireless telecommunication services
facility. Such program may include physical features such as fencing,
anti-climbing devices or elevating ladders on monopoles and towers,
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism.

Annual structural/safety inspection and report. A
monopole or tower over 50 feet in height shall be inspected annually
from a structural and safety perspective at the expense of the service
provider by a licensed professional engineer, or at any other time
upon a determination by the Building Inspector that the monopole or
tower may have sustained structural damage, and a copy of the inspection
report shall be submitted to the Building Inspector.

Lease agreement. In the case of an application for
approval of a wireless telecommunication services facility to be located
on lands owned by a party other than the applicant or the City, a
copy of the lease agreement with the property owner, absent the financial
terms of such agreement, together with any subsequent modifications
thereof, shall be provided to the City Council and a copy shall be
filed with the City Clerk and the Building Inspector.

Removal. A wireless telecommunication services facility
shall be dismantled and removed from the property on which it is located
within 60 days when it has been inoperative or abandoned for a period
of one year or more from the date on which it ceased operation. The
applicant shall provide to the City written notification, including
identification of the date the use of the facility was discontinued
or abandoned by one or more of the service providers, acknowledgment
of the requirement to remove the facility, and identification of plans
for the future of the facility. The applicant shall post a bond to
ensure that the wireless telecommunication services facility shall
be removed upon abandonment as set forth herein at the applicant's
sole expense.

An application for approval of a wireless telecommunication services facility shall be submitted on the relevant forms for special use permit approval and shall be jointly filed by the operator of the wireless telecommunication services facility and the owner of the property on which such facility is proposed to be located. A site plan drawing showing the location of the proposed facility shall accompany the application for special use permit approval. Special use approval by the City Council in accordance with §§ 223-18 and 223-19 of this chapter shall be required. The City may enlist the services of a radio frequency (RF) engineer and/or other relevant consultants, at the applicant's cost, for the review of the application.

The operator of the wireless telecommunication
service shall submit a certificate of public utility, unless it can
be demonstrated to the satisfaction of the City Council that the operator
of such facility is exempt from such requirement pursuant to New York
State law. The operator of such facility shall also demonstrate to
the satisfaction of the City Council that there is a compelling public
need for such facility at the location(s) proposed by the applicant.
Such demonstration shall include the preparation of existing and master
effective service area plans which:

Identify all existing and proposed wireless
telecommunication facilities which impact upon the service area covering
the City of Beacon, including but not limited to topographic maps
of the City with service coverage and service gap grids and all proposed
as well as other functionally acceptable locations for such facility(ies);
and

Where the owner of the property on which a wireless
telecommunication services facility is proposed contemplates that
such property may be used for the installation of two or more such
facilities, the property owner shall submit a conceptual master plan
identifying the total number and location of such facilities.

Any application for a wireless telecommunication
services facility shall include a statement and appropriate documentation
demonstrating that City-owned sites, buildings and structures and
the City's existing facilities inventory have been reviewed to the
extent relevant to provide wireless telecommunication services in
the area which is the subject of such application and that all reasonable
efforts have been made to locate or co-locate such facility on all
City-owned sites, buildings and structures and on all sites identified
in such existing facilities inventory within the service area.

As a condition of special use permit approval,
the applicant shall be required to provide a written agreement, in
recordable form suitable for filing and prepared to the satisfaction
of the City Attorney, acknowledging that it shall be required to allow
the co-location of other future wireless telecommunication service
facilities at fair market cost, unless otherwise unreasonably limited
by technological, structural or other engineering considerations.

The applicant and all future owners of the premises
and the wireless telecommunication services facility shall at all
times keep on file in the office of the City Clerk the name, address,
and telephone number of the owner and operator of such facility and
of at least one individual who shall have authority to arrange for
the maintenance of the premises and facility and who shall be authorized
to accept service of notices and legal process on behalf of the owner
and operator(s) of the premises and facility and to bind the owner
to any settlement, fine, judgment, or other disposition (other than
incarceration) which may result from any civil or criminal action
or proceeding instituted by the City against such owner and/or operator(s).

Each artist studio shall be inspected by the Building
Department every two years in order to determine whether the artist
studio remains in compliance with this section. Upon a satisfactory
inspection report, the artist studio owner shall be reissued a certificate
of occupancy. In the event that the inspection indicates that the
artist studio is no longer in compliance, the certificate of occupancy
shall be revoked until the violations are cured.

Residential or professional uses, provided that they are appropriate
to the structure, compatible with the neighborhood and are located
on a road that can accommodate increased traffic as determined by
the City Council. These uses may include the following:

Notwithstanding the limitations in Subsection B above, and with the exception of Subsection B(2), the City Council may approve a special permit for any of the uses listed in said section, and may allow a larger number of seats, employees, dwelling units, or artist live/work spaces, when it determines that such larger number is warranted by one or more of the following:

In approving any such special permit, the City Council shall
establish such limitations on the number of seats, employees, dwelling
units, or artist live/work spaces, as the case may be, as it deems
warranted.

A site plan shall be submitted to the Planning Board to accompany
any special permit application under this section. The site plan shall
be accompanied by schematic architectural drawings which shall show
the existing conditions of the property and any existing structure
and the proposed restoration or construction. The Planning Board must
approve a certificate of appropriateness in order to grant site plan
approval as set forth above.

Such amusement center shall contain only vintage amusement devices
that were built prior to the year 1980 or noncomputerized devices
with the exception of first generation computerized games such as
those manufactured prior to 1990.

Such amusement center shall be so located and/or so insulated
such that, except when the doors are open during ingress and egress,
the sound of the amusement devices off the premises of the amusement
center:

No person under 18 years of age shall be allowed to operate
any amusement device before 3:00 p.m. on any day in which school is
in regular session. For the purpose of this section, the term "school"
is defined as any public or private institution providing learning
facilities for Grades K through 12. Further, no person under 18 years
of age shall be allowed to operate any amusement device after 10:00
p.m.

Renewal of special permit. The special permit for such amusement
center shall be subject to renewal every year by the City Council.
Such renewal shall be based upon a written statement from the Building
Inspector that said amusement center is in conformity with the terms
of its special permit and with the terms of this chapter pertaining
to said use, as well as upon any record of complaints from neighbors.

An inspection and report by the Building Department
and report indicating that the amusement center is in conformity with
the terms of the special permit and site plan. Said report shall also
include information regarding any record of complaints from neighbors;
and

If the Building Inspector issues a report indicating noncompliance
with the terms of this section, the special permit or the site plan,
the building owner or manager shall have 60 days to rectify all noncomplying
elements and shall reapply for an appointment for inspection with
the Building Department subject to an additional inspection fee. If
such application for an appointment for an inspection is not received
within the specified time, the special permit shall expire and the
amusement center shall be terminated. If the Building Department issues
a report indicating compliance, the special permit shall be renewed
for a one-year period. If upon reinspection the Building Inspector
issues a report indicating noncompliance, the amusement center shall
be terminated.

Approval required. No building permit shall be issued, other than for interior alterations, and no change in type of use, as categorized in § 223-26F hereof, shall be permitted, other than one-family dwellings, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure.

An application for a building permit for a use requiring site development
plan approval shall be made to the Building Inspector by a legally
certified individual or firm, such as a registered architect or professional
engineer. All application materials, including plans, shall be submitted
in electronic file format acceptable to the Building Department, in
addition to at least five paper copies (or such other format or amount
as determined by the Building Department), at least two weeks prior
to the regular Planning Board meeting at which it will be considered.
The site development plan shall contain the following information:

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 190 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 190, Article II. The approved site plan shall be consistent with the provisions of Chapter 190.

Two-phase site plan approval for nonresidential projects. Notwithstanding the provisions of Subsection B above, where a proposed nonresidential development project may involve a number of buildings or uses to be developed over a period of time, the Planning Board is authorized to review the site plan in two distinct phases.

The first phase, called conceptual site plan review, shall consider the general parameters of the total proposed development, including total square footage of floor area, range of anticipated uses, traffic access and internal circulation, site buffering, sewer and water demands, parking requirements, and other relevant issues as determined by the Planning Board. The application for conceptual site plan approval shall contain the information set forth in Subsection B, but at a conceptual level. After review, and environmental compliance pursuant to Subsection F below, the Planning Board may grant a conceptual site plan approval, which shall set forth the parameters of the development approved, and any specific conditions or criteria under which future actions, including subdivisions, or project-specific site plans for individual elements of the conceptual site plan, will be undertaken, reviewed, and approved, including requirements for any subsequent SEQR compliance in accordance with Subsection F below. There shall be no vesting granted to any applicant by virtue of the adoption of conceptual site plan approval by the Planning Board.

The second phase, called the project-specific phase,
will include all elements not previously reviewed and approved as
part of the conceptual review. These could include, in appropriate
cases, but are not limited to details of site grading, architectural
review, landscaping, parking compliance, etc.

Subsequent to conceptual site plan approval by the Planning Board of the overall site area, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with § 223-26 of this chapter is included on each lot or is made available to support the use on each lot in a manner satisfactory to the Planning Board, and that no development within any lot will be permitted except as shown on a site plan approved by the Planning Board. Provisions satisfactory to the Planning Board for maintenance of all elements of the site plan shall also be a prerequisite for any subdivision of the overall site area. The standards as referred to in § 223-17D shall apply to the overall site area, whether or not the same is or will continue to be under one ownership, so long as all of such land is contiguous, with the exception of any streets or driveways separating any part of such land from any other part. To the extent that the provisions of this subsection conflict with the provisions of § 223-12, the provisions of this subsection shall be controlling.

Referral of application to Planning Board. Each application requiring site development plan approval, together with the required information described in Subsection B above, shall be referred to the Planning Board by the Building Inspector within five days of the date of application. Within 60 days of the date of the first Planning Board meeting on or after the date of referral, the Planning Board shall forward its recommendation to the Building Inspector, the City Engineer, and the applicant, and shall indicate whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary.

Considerations. In acting on any site development plan application, the Planning Board shall take into consideration the recommendations of the City Development Plan, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provision of off-street parking spaces, exterior lighting, buffer areas and other open spaces, drainage improvement in accordance with § 223-25G of this chapter and display of signs, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.

The Planning Board shall comply with SEQR prior to
granting any approvals, on a generic or site-specific basis, as appropriate.
Conceptual site plan reviews shall require SEQR analysis on a generic
basis, which may be broader and more general than site-specific SEQR
analysis, but may also include an assessment of project-specific impacts
if such details are available. The generic analysis may identify the
important elements of the natural resource base, and existing and
projected features, patterns and character. It may discuss in general
terms the constraints and consequences of any narrowing of future
options. It may present and analyze, in general terms, hypothetical
scenarios that could and are likely to occur.

The generic analysis should set forth specific conditions
or criteria under which future actions will be undertaken, reviewed,
and approved, including requirements for any subsequent SEQR compliance.
These conditions may include thresholds and criteria for supplemental
SEQR analysis regarding site-specific impacts of certain scenarios,
or potential alternatives, which were not previously addressed in
the generic SEQR analysis. Further, any site-specific environmental
impacts not previously addressed in the conceptual review shall be
addressed in the project-specific phase.

The developer may be required by the reviewing authority
to carry away by pipe or open ditch any spring or surface water that
may exist either previous to or as a result of the project. Such drainage
facilities shall be located in the street right-of-way, where feasible,
or in perpetual unobstructed easements of appropriate width and shall
be constructed in accordance with the City Construction Standards
and Specifications.

If a project contains an existing drainage channel
conveying surface water from an off-site upstream drainage area, the
developer shall be required to provide for the conveyance of such
surface water runoff through the project. Drainage pipes and/or other
conveyance facilities shall be provided large enough, in each project
and for each existing drainage channel, to convey potential runoff
from the entire upstream drainage area through the project, based
on a one-hundred-year storm. The intent of this provision is to maintain
the existing watershed drainage pattern as closely as possible and
to safely convey stormwater runoff from the upstream drainage area
through the project. Further, the developer shall also be required
to install drainage pipes and/or other conveyance facilities in the
project to accommodate on-site-generated stormwater runoff which traverses
the project for a twenty-five-year storm based on post-development
conditions.

The reviewing authority may require the developer
to prepare a study of the effects of the project on existing downstream
drainage facilities based on the one-hundred-year storm. Where such
study or the reviewing authority, after an independent analysis, determines
that the additional runoff resulting from the development of the project
will adversely impact existing downstream properties or drainage facilities,
the reviewing authority may withhold approval until provision has
been made for the correction of said potential condition. An acceptable
corrective provision may be the addition of on-site retention and/or
detention of the increased post-development stormwater runoff from
the project so that there would be no net increase in the peak rate
of stormwater runoff over the project’s predevelopment rate.

The applicant shall be responsible for submitting
computations to the City Engineer in sufficient detail to make possible
the ready determination of the adequacy of the proposed drainage facilities,
and the City Engineer shall be responsible for reviewing these and
preparing recommendations for the reviewing authority.

General
standards. The Planning Board may require that a portion of land subject
to site plan approval for a residential use be reserved for a park
or parks suitably located for playground or other recreational purposes.
Such locations shall be as designated on the City Development Plan
or Official Map, or as otherwise deemed appropriate by the Planning
Board. Each reservation shall be of suitable size, dimensions, topography
and general character, and shall have adequate street or private road
access, for the particular purpose or purposes envisioned by the Planning
Board. The area shall be shown and marked on the site plan as "Reserved
for Park Purposes."

Minimum
size. The Planning Board may require the reservation of up to 10%
of the area of the site plan for recreation purposes. In general,
it is desirable that land reserved for park and playground purposes
have an area of at least one acre.

Ownership
of park areas. The ownership of reservations for park purposes shall
be clearly indicated on the site plan and established in a manner
satisfactory to the Planning Board so as to assure their proper future
continuation and maintenance. When the Planning Board requires that
an area for park, playground or recreational purposes be reserved
on the site plan, such requirement shall not constitute an acceptance
by the City of such area.

Cash
payment in lieu of reservation. If the Planning Board determines that
a suitable park or parks of adequate size cannot be properly located
on any such site or are otherwise not practical, the Planning Board
may require, as a condition to final approval of any such site plan,
a payment in a sum to be determined by the approval authority in accordance
with the fee schedule on file in the City Clerk’s office. Said
sum shall be deposited in a trust fund to be used by the City Council
exclusively for neighborhood park, playground, or recreational purposes,
including but not limited to the acquisition of land.

Referral.
In the event the Planning Board intends to require a reservation of
parkland, the Planning Board shall request a report and recommendation
from the City Council as to the reservation of such land for park
or recreation purposes.

If the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 195-25 of the City Code, the applicant shall be credited for any land set aside or money donated in lieu thereof under such subdivision plat approval.

A public hearing shall be held by the Planning Board on each site development plan application. Notice of said hearing shall be provided by the applicant in accordance with § 223-61.3 of this chapter. With respect to the two-phase site plan approval process for nonresidential projects provided for in Subsection C above, a public hearing shall be held by the Planning Board during both the conceptual and project-specific phases, respectively.

Expiration of approval. At the time of approving the
site development plan, the Planning Board may set forth the time period
in which construction is to begin and be completed. The Planning Board
may, in its discretion, extend any time period it has previously set
where it finds that changing market conditions or other circumstances
have acted to prevent the timely commencement or completion of work,
and that the developer has proceeded with reasonable diligence in
an effort to assure completion of the work within the permitted time
period. The extension of these time periods shall not require the
holding of a new public hearing.

All structures and land uses hereafter erected, enlarged,
created or extended shall be provided with the amount of off-street
automobile parking space and loading and unloading space required
by the terms of this section to meet the needs of persons making use
of such structures or land. A permit for the erection, replacement,
reconstruction, extension or substantial alteration of a structure
or the development of a land use shall not be issued unless off-street
automobile parking facilities and, where required loading and unloading
spaces shall have been laid out in plan in accordance with the appropriate
requirements for structures and uses as set forth in this section,
and such required parking and loading facilities shall be completed
before a certificate of occupancy shall be issued. As used herein,
"parking facilities" shall be construed to include loading and unloading
spaces required by this section.

In case of exceptional difficulty or unusual hardship
to such properties arising out of the requirements of this section,
the Board of Appeals may reduce the parking requirements but shall
require such degree of compliance as it may deem reasonable for that
part of the structure or use that is legally nonconforming and shall
not waive any part of the requirement for that part of the structure
or use that constitutes an enlargement or expansion and shall not
permit reduction or elimination of whatever quantity of parking may
already exist, unless it is in excess of requirements.

Required off-street parking facilities which, after
development, are later dedicated to and accepted by the City shall
be deemed to continue to serve the uses or structures for which they
were originally provided.

Structures and land uses in existence on April 20,
1964, or structures and uses for which building permits had been approved
on or before said date, shall not be subject to the requirements set
forth in this section, unless there shall occur an increased intensity
of use, provided that any parking facilities now existing to serve
such structures or uses shall not in the future be reduced, except
where they exceed such requirement, in which case they may not be
reduced below such requirement.

Whenever a building or structure erected prior to or after April 20, 1964. or any land use shall undergo any increase in intensity of use in the number of dwelling units, floor area, seating capacity, number of employees or other unit of measurement specified hereinafter for required parking facilities, or from other causes, and further when said increase would result in a requirement for additional parking facilities through application of the Schedule of Off-Street Parking Requirements (Subsection F), additional parking facilities shall be provided accordingly, except that no building or structure erected prior to said date shall be required to provide parking facilities unless the aforesaid additional required facilities amount to a cumulative total increase of at least 25% over the existing use as of said date, in which case parking spaces shall be provided on the basis of the total units of measurements of the new use or of the alteration or expansion of the existing use.

Location. The off-street parking facilities which are required by this section shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots, provided that a binding agreement, in a form approved by the Corporation Counsel, assuring the continued operation of said parking facility during the life of the structure or the land use the parking is designed to serve, is filed on the land records prior to approval of the plans for said parking facility. In any residence district, no off-street parking facility shall be developed in any required front yard or in any required side or rear yard adjacent to a street line or in any other side or rear yard within five feet of the lot line. However, off-street parking spaces shall be permitted in residential districts as indicated in § 223-17C.

Each parking space provided in an unenclosed area shall be at least nine feet wide and at least 18 feet long, except that the Planning Board, in approving a plan under § 223-25, may permit that portion of the total required parking which is specifically set aside for and limited to employee parking to have a width of at least 8 1/2 feet and a depth of at least 18 feet. This possible exception shall not be permitted in the CB District.

Each parking space which is bordered by walls or columns on
two or more sides shall be not less than 10 feet wide nor less than
18 feet long. Enclosed or garaged parking areas shall not contain
any columns, walls or other obstacles which would prevent or obstruct
the use of any parking space.

The maneuvering area needed to permit parked vehicles to enter
and exit off-street parking spaces shall have a width of at least
24 feet, except where the Planning Board approves a lesser distance
as adequate for areas with parallel or angled parking spaces.

Landscaping. Except for parking spaces accessory to a one-family
dwelling, all off-street parking areas shall be landscaped with appropriate
trees, shrubs and other plant materials and ground cover, as approved
by the Planning Board based upon consideration of the adequacy of
the proposed landscaping to assure the establishment of a safe, convenient
and attractive parking facility with a minimum amount of maintenance,
including plant care, snowplowing and the removal of leaves and other
debris. At least one tree with a minimum caliper of three inches at
a height of four feet above ground level shall be provided within
such parking area for each 10 parking spaces.

Wherever possible, planting islands, at least eight feet in
width, shall be provided to guide vehicle movement and to separate
opposing rows of parking spaces so as to provide adequate space for
plant growth, pedestrian circulation and vehicle overhang. Such planting
islands and the landscaping within them shall be designed and arranged
in such a way as to provide vertical definition to major traffic circulation
aisles, entrances and exits, to channel internal traffic flow and
prevent indiscriminate diagonal movement of vehicles and to provide
relief from the visual monotony and shadeless expanse of a large parking
area.

No obstruction to driver vision shall be erected or maintained
on any lot within the triangle formed by the street line of such lot,
the outer edge of the access driveway to the parking area and a line
drawn between points along such street line and access drive 30 feet
distant from their point of intersection.

Grades, drainage, paving and marking. All proposed and required parking facilities, regardless of size, shall be graded, surfaced, drained and maintained throughout the duration of their use so as to comply with the New York State Stormwater Management Design Manual, as amended from time to time, and/or Chapter 190, Stormwater Management and Erosion and Sediment Control, of this Code, or other acceptable stormwater management practice(s), as deemed suitable to the City Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The drainage analysis for said parking facilities shall include pre- and post-development conditions as well as remediation and/or mitigation of stormwater runoff. The maximum slope within a parking area shall not exceed 5%. In RD and RMF Districts and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

Traffic circulation. In order to encourage safe and convenient traffic
circulation, the Planning Board may require the interconnection of
parking areas via access drives within and between adjacent lots.
The Board shall require written assurance and/or deed restrictions,
satisfactory to the Corporation Counsel, binding the owner and his
heirs and assignees to permit and maintain such internal access and
circulation and inter-use of parking facilities.

Two or more uses on same lot. Where two or more different uses occur
on a single lot, the total amount of parking facilities to be provided
shall be the sum of the requirements of each individual use on the
lot, except that the Planning Board may approve the joint use of parking
space by two or more establishments on the same lot or on contiguous
lots, the total capacity of which is less than the sum of the spaces
required for each, provided that said Board finds that the capacity
to be provided will substantially meet the intent of this article
by reason of variation in the probable time of maximum use by patrons
or employees at such establishments and provided that such approval
of such joint use shall be automatically terminated upon a change
of use at any such establishment.

In RD and RMF Districts, in order that some of the required
parking spaces may be convenient for use by visitors as well as by
occupants, 2/3 of the required car spaces for a residential building
shall be directly accessible to a main entrance to that building and
within 100 feet of that entrance.

In RD or RMF Districts, off-street parking lots shall be located
behind, underneath, or to the side of the building. Any parking to
the side of the building shall be screened from street views by a
low wall, hedge, fence, and/or other landscaping and, whenever possible,
it shall be located at least 40 feet from any property line that fronts
on a street.

Conveyance of land. Where, because of limitations of size, dimensions or topography of a lot, an applicant for a building permit in a business district finds it impractical to provide all or a portion of the off-street parking spaces required by Subsection F herein, in connection with a proposed building or addition, he may grant and convey to the City of Beacon, and the City Council, at its discretion, may accept, appropriately located and developed land for commercial parking as a permitted use equivalent, provided that said land is permanently dedicated to the City.[1]

Waiver of improvement. Except within the Central Business District and the Central Main Street District, and notwithstanding any other provision of this chapter, the City Council or Planning Board, in reviewing plans submitted in accordance with the provisions of this section or § 223-18 or 223-25, may waive the initial improvement of up to 50% of the required off-street parking spaces, provided that all of the required spaces are shown on the proposed plan and further provided that suitable agreements, satisfactory to the City Council or Planning Board, are obtained assuring the City that the property owner(s) will be responsible for the construction of such waived spaces, or any portion thereof, within six months of the date such spaces may be deemed necessary by the City Council or Planning Board.

Schedule of Off-Street Parking Requirements. Off-street parking spaces shall be provided as follows, except that the Board of Appeals may modify these provisions as a condition of the issuance of a special permit according to the provisions of § 223-19.

Use

Minimum Off-Street Parking

1- and 2-family dwelling

2 spaces for each dwelling unit

Multifamily dwelling and/or apartment or artist
live/work space

[Amended 8-6-2001 by L.L. No. 12-2001]

1 space for each dwelling unit, plus 1/4 space
for each bedroom, plus 1/2 space for each live/work space containing
retail area

Professional office or home occupation permitted
in a residential district

2 spaces in addition to spaces required for
the residential use, except that there shall be 4 spaces for each
medical or dental practitioner in addition to spaces required for
the residential use

1 space for each employee on the largest shift,
plus 1 space for each 3 patron sitting or standing spaces in any tasting
room or other visitor facility open to the general public

Museum

[Added 5-2-2005 by L.L. No. 2-2005]

1 space for each 300 square feet of gross floor
area

Other uses not listed

Amended 5-2-2005 by L.L. No. 2-2005]

Off-street parking requirements for types of
uses which do not fall within the categories listed above shall be
determined by the Planning Board upon consideration of relevant factors
entering into the parking needs of each such use

Notwithstanding § 223-26F above, with respect to lots which, on the effective date of this section, are located wholly or partially within 2,500 feet of the train station platform, the City Council shall have the authority to limit the amount of parking to be provided for multifamily and nonresidential development projects on said lots having a parking requirement in accordance with § 223-26F of 25 spaces or more, in the interest of appropriately and reasonably minimizing the environmental impact of the project's vehicular traffic accessing the train station. In such cases, the City Council shall ensure that convenient pedestrian access is provided by the project, or is otherwise available between the project and the train station. Where a substantial change in elevation exists between the project and the train station, the City Council may require the project to provide, if deemed feasible by the Council, an elevator, escalator, stairs and/or other similar pedestrian conveyance or access for such purpose.

Operation and maintenance of off-street parking facilities.
Required off-street parking facilities shall be maintained as long
as the use of the structure exists which the facilities are designed
to serve. Required parking areas developed for specific structures
and uses shall be reserved at all times to those persons who are employed
at or make use of such structures and land uses, except when dedicated
to and accepted by the City as public parking areas.

Off-street loading requirements. Off-street loading and unloading facilities shall be located on the same site with the use to be served, except as provided in Subsection C(1), and shall be provided as follows:

Size. Each off-street loading space shall be at least
14 feet in width, at least 35 feet in length and at least 14 feet
in height, exclusive of access and turning areas, except that adjacent
loading spaces may be each 12 feet in width.

For retail and/or service business establishments:
a minimum of one space for the first 7,500 square feet or major portion
thereof, plus one space for each additional 10,000 square feet of
gross floor area or major portion thereof, except that no berths shall
be required for buildings with a gross floor area of less than 5,000
square feet.

For office establishments: a minimum of one
space for the first 20,000 square feet of gross floor area or major
portion thereof, plus one space for each additional 40,000 square
feet of gross floor area or major portion thereof, except that no
berths are required for buildings of less than 10,000 square feet
of gross floor area.

For research establishments: a minimum of one
space for the first 12,000 square feet of gross floor area of building
or major portion thereof, plus one space for each additional 20,000
square feet of gross floor area or major portion thereof.

For wholesale business, industry, storage, warehouses
and other commercial establishments: a minimum of one space for each
establishment, plus one space for each 10,000 square feet of gross
floor area or major portion thereof.

General. For reasons of traffic and pedestrian safety, both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to the approval of the City Engineer, except where such are part of a use subject to special permit or site development plan approval, in accordance with §§ 223-18 and 223-25, in which case they shall be subject to the Planning Board and/or City Council.

The maximum grade for any new driveway accessory
to a single-family dwelling and connecting its off-street parking
area to a street shall be 14%, except that, where it can be demonstrated
to the satisfaction of the approving authority that, because of practical
difficulty or unreasonable hardship affecting a particular property,
the construction of a driveway shall be permitted, provided that the
increase in driveway grade is the minimum increase required and further
provided that in no case shall such driveway grade be permitted to
exceed 17%.

The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 7%, except that the approving authority shall have the same power to permit increased grades here as in Subsection I(2)(a) above, provided that such grades in no case exceed 10%.

Notwithstanding the maximum permitted grades specified in Subsection I(2)(a), no driveway serving a single-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled-way of the street or within 10 feet of the right-of-way line of the street, whichever distance is greater.

Notwithstanding the maximum permitted grades specified in Subsection I(2)(b), no driveway serving a use other than a single-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled-way of the street or within 25 feet of the property line of the street, whichever distance is greater. The City Council may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.

Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion of the driveway, as required by Subsection I(2) above, shall be aligned approximately at right angles to the street.

Sight distance. Clear visibility shall be provided
in both directions at all exit points so that the driver of an automobile
stopped on the platform portion of any new driveway will have an unobstructed
view of the highway for a reasonable distance (commensurate with the
speed and volume of traffic on such highway) and so that the driver
of an automobile traveling on the highway shall have a similar view
of the automobile in the driveway.

The
following shall be prohibited from being kept or stored on any property
for more than 14 consecutive days or more than 30 cumulative days
over a one-year period if located in the front or side yard of a lot
or on the open front porch: household furnishings, fixtures or equipment
designed, manufactured or intended for indoor use, appliances, building
materials, tools and equipment, auto body parts, new or used vehicle
parts, lawn maintenance equipment, animal houses or shelters, compost
piles, trampolines, swing sets and other similar play equipment, logs
and long, thick sections of trimmed but unhewn timber, and packaged
fuels such as pellets.

At all times, except as temporarily required for loading and unloading,
the storage on residential property of registered utility trailers
shall be limited to a total of two per dwelling unit. Unregistered
utility trailers shall not be stored on residential property.

Findings. The City of Beacon City Council hereby finds that the practice
of tattoo artistry is a form of art likeable to other forms of artistic
expression, such as painting and drawing, and accordingly, should
be welcomed within the City. The Council further recognizes, however,
that the establishments that provide tattooing services are sometimes
the location of activities that may be regarded as inappropriate for
individuals of sensitive ages or offensive to personal morals. For
these reasons, the Council finds that modest regulation of tattoo
parlors within the City is necessary to encourage the spread of contemporary
forms of artistic expression and to ensure the health, safety and
general well-being of the City and its inhabitants.

Any person, licensed by the State of New York Department of Health or as otherwise provided in Subsection D, below, who applies a tattoo to the body of another person in exchange for value or compensation.

The form and content of the permit applications shall be as
determined from time to time by the Building Department and shall
contain such information and materials as the Building Department
deems necessary to determine the sufficiency of the application. Such
application shall contain, at a minimum:

A copy of the state license(s) for all tattooists who will be
employed by the proposed tattoo parlor, provided the applicant shall
have a continuing obligation to provide the Building Department with
up-to-date copies of such licenses;

A copy of all certificates confirming that the applicant, and
all tattooists operating under the applicant's local permit,
have successfully completed a course in blood-borne pathogen safety
training pursuant to 29 CFR 1910.1030 of the Federal Occupational
Safety and Health Administration (OSHA) Regulations or such other
training program acceptable to the Building Department; and

All permits issued pursuant to this section shall be for a period
of two years and shall be renewable for subsequent two-year terms
upon application, conformance with this section and payment of the
permit fee. A local permit issued pursuant to this section shall become
immediately null and void in the event the tattoo Artist ceases to
maintain a valid license from the New York State Department of Health
and there are no other duly licensed tattoo Artists operating from
the premises.

Operation of tattoo parlors. All tattoo parlors operating within
the City shall comply with all federal, state and local laws pertaining
to the proper operation of such businesses, including but not limited
to the New York State Public Health Law and the regulations of the
New York State Department of Health, and shall be further subject
to the following provisions.

All tattoo parlors within the City of Beacon shall post a sign
in a conspicuous location near all entrances and exists to the premises
featuring the language: "IT IS ILLEGAL, PURSUANT TO NEW YORK PENAL
LAW § 260.21(2), TO TATTOO ANY PERSON YOUNGER THAN 18 YEARS
OF AGE, REGARDLESS OF PARENTAL CONSENT."

Violations and penalties. In addition to the penalties and sentences
imposed under the New York Penal Law, any tattooist or tattoo parlor
found to be operating in contravention of this section, or any federal
or state law, shall be guilty of a violation and subject to a fine
of $500 for a first offense, $750 for a second offense, and $1,000
for all subsequent offenses and/or 10 days in jail. Any tattooist
or tattoo parlor found guilty of a violation may further be subject
to revocation or suspension of their local permit(s) following a hearing
of the City Council.

Conformity with other provisions. Nothing in this section shall affect
or prohibit the operation of an establishment providing body piercing
and/or cosmetic body modification services within the City of Beacon.

Temporary use, number of trucks and design of truck. Retail sales
from a truck is a temporary use which may be permitted to exist for
a maximum of only one two-consecutive-year period on a given lot.
Depending upon the size and shape of the lot, as well as other site
characteristics including the lot's capacity for off-site parking
as determined by the Planning Board, the Board may allow up to two
such trucks or trailers on a lot at any one time. The proposed truck
shall be specifically designed for a retail use.

Based upon the size, shape and other characteristics of the
lot, as well as the need for off-street parking and the desires of
the applicant, the Planning Board shall determine the appropriate
number and type of tables and seating which will be allowed on the
lot in connection with a food truck. Except for approved fencing,
no other site furniture (permanent or otherwise) shall be permitted
in conjunction with the retail sales truck.

Retail sales trucks and all tables and seating shall be set
back a minimum of 10 feet from public sidewalks and a minimum of 15
feet from fire hydrants. Retail sales operators shall maintain site
circulation and access consistent with the Americans with Disabilities
Act.

Display of permissions. Retail sales operators shall display a current
business tax certificate on the exterior of the retail sales truck.
Food truck operators shall also display a valid Dutchess County Department
of Health permit on the exterior of said truck. If said permit expires,
or is suspended or revoked, then all food sales shall cease until
the permit is reinstated.

Suitable improvement, sanitation and exterior storage. The lot on
which the retail sales truck(s) is located shall be suitably improved
to the satisfaction of the Planning Board, and shall be maintained
in a safe, clean and litter-free manner at all times. The retail sales
operator shall not discharge grease, liquids or any other items or
materials onto the sidewalk, street, tree pits, sanitary sewer system,
stormwater inlets or said lot, and said operator shall comply with
all applicable laws and regulations. Said operator shall provide a
minimum of two thirty-two-gallon litter receptacles with securable
lids within 15 feet of the retail sales truck. City trash receptacles
shall not be used to dispose trash or waste. All refuse shall be removed
from the site and properly disposed of on a daily basis. Except for
approved tables and seating, the exterior storage of equipment or
materials associated with the retail sales enterprise is prohibited.
The applicant shall present a plan to the Planning Board for the storage
of any approved tables and seating which shall include a method by
which the tables and seating cannot be used when the food truck is
not in operation.

Utilities, operating condition and temporary use. It is preferable
that the retail sales truck be entirely self-sufficient with regard
to gas, water and telecommunications. Should any utility hookups or
connections to on-site utilities be required, the retail sales operator
shall be required to apply for appropriate permits to ensure compliance
with applicable building codes. Said truck shall be maintained in
good repair at all times. The siting and operation of said truck shall
be a temporary use, shall not become a fixture of the site and shall
not be considered an improvement to real property.

Noise. Noise levels measured at the property line shall not violate
the City's noise control regulations. No audio amplification
shall be allowed on the lot. During the operation of the retail sales
truck, the use of an external generator(s) or said truck's motor
vehicle engine shall be prohibited. There shall be no continuous idling
of said truck's engine.

Signage. Notwithstanding § 223-15 of this chapter, the retail sales operator shall not display more than an aggregate of 20 square feet of sign area on the lot. Said signage shall be professionally prepared or its equivalent. Notwithstanding the use of the words "building" and "structure" in the definition of "sign area" in § 223-63 of this chapter, said definition shall apply to retail sales trucks.

Parking. A minimum of two off-street parking spaces shall be provided
for this use. Said off-street parking shall be suitably improved and
screened to the satisfaction of the Planning Board. Notwithstanding
the above, the parking requirement may be modified or eliminated by
said Board, in its discretion, based upon information submitted by
the applicant or otherwise in the public record, demonstrating that
there is sufficient public parking available within 800 feet of the
site to meet the foreseeable parking needs of the proposed use and
surrounding uses.

Aesthetics. There shall be no display of banners, streamers or any
other elements designed or intended to attract attention to the retail
sales truck site other than permitted signage. In reviewing the application
for site development plan approval for this use, the Planning Board
may attach conditions to its approval for the purpose of mitigating
visual impact.

Commencement and inspection. Retail sales from a truck shall not
commence until the operator has obtained a certificate of compliance
from the Building Department. Each retail sales truck and lot shall
be inspected by said Department at the end of 12 months from the inception
of the use in order to determine whether the use remains in compliance
with this section. Upon a satisfactory inspection report, the vending
truck owner shall be reissued a certificate of compliance. In the
event that the inspection indicates that the use is no longer in compliance,
the certificate of compliance shall be revoked until the violation(s)
is cured.